Films and Publications Act, 1996 (Act No. 65 of 1996)RegulationsFilms and Publications Regulations, 2014Part 5 : Procedure for Classification of Films, Games and Publications19. Films, games or publications containing child pornography |
| (1) | If the classification committee discovers an image or scene of child pornography during any classification process, the film, game or publication classification process shall be handled as follows: |
| (a) | The classification process shall be stopped, unless the classification committee is satisfied that the image or scene evokes aesthetic rather than erotic feelings and— |
| (i) | depicts a child engaged or participating in sexual conduct; |
| (ii) | depicts a child engaged in a display of genitals which amounts to sexual exploitation or in such manner that it is capable of being used for the purpose of exploitation; or |
| (iii) | depicts a child assisting another person participating in sexual conduct; |
| (b) | in the event that the classification committee stops the classification process as envisaged in paragraph (a), the members of the committee shall compile their classification reports noting the time, scene or page in the film, game or publication at which child pornography appeared and submit such reports to the chief executive officer; |
| (c) | the chief executive officer shall hand a copy of the report to the National Director of Public Prosecutions; |
| (d) | the chief executive officer shall, in writing, inform the applicant who submitted the film, game or publication for classification of the decision, in terms of section 16(4)(a) of the Act, to refuse to classify the film, game or publication and of his or her right to appeal to the Appeal Tribunal within 30 days from the date of such notification; |
| (e) | the chief executive officer shall, after 30 days from the date of the notification to the applicant, and if no notice of appeal has been lodged, refer the matter to the Child Protection Unit of the South African Police Service by submitting to that Unit— |
| (i) | copies of the classification committee's reports; |
| (ii) | an affidavit recording the chain of events; and |
| (iii) | the film, game or publication containing child pornography. |
| (2) | If the appeal is heard and the decision of child pornography is confirmed, the Board shall advise the applicant or distributor to surrender all films, games or publications and other material that contain child pornography to the Board for handing over thereof, as contemplated by subregulation 1(a), to the Child Protection Unit of the South African Police Service for criminal investigation or prosecution. |